Hall v. Jones

Hallv.Jones

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISIONAug 25, 2016

CASE NO. 4:16cv431-MW/CAS (N.D. Fla. Aug. 25, 2016)

CASE NO. 4:16cv431-MW/CAS

08-25-2016

SHAREE HALL, #15661-111 Petitioner, v. WARDEN JONES, Respondent.

CHARLES A. STAMPELOS UNITED STATES MAGISTRATE JUDGE

REPORT AND RECOMMENDATION

This cause is before me upon referral from the Clerk. In an order filed July 14, 2016, Petitioner was directed to file either pay the $5.00 filing fee or, alternatively, file a new motion to proceed in forma pauperis by August 15, 2016, 2016. ECF No. 3. Petitioner was specifically warned that a recommendation would be made that this case would be dismissed if she failed to comply with that order. To date, Petitioner has not complied with that order.

A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R.R., 370 U.S. 626,82 S.Ct. 1386,8 L.Ed.2d 734 (1962). Fed. R. Civ. P. 41(b) authorizes a district court to dismiss an action for failure to obey a court order. Moon v. Newsome, 863 F.2d 835, 838 and cases cited (11th Cir.), cert. denied, 493 U.S. 863 (1989). Petitioner did not comply with an order or to prosecute this case. As a result, her petition should be dismissed without prejudice.

Petitioner shall have a 14-day period after service of this report and recommendation in which to file objections. This will also afford Petitioner a final opportunity to show good cause for this failure to respond. Petitioner may do so by filing a motion for reconsideration which will be referred to me by the Clerk.

It is therefore, respectfully RECOMMENDED that this case be DISMISSED without prejudice.

IN CHAMBERS at Tallahassee, Florida, on August 25, 2016.

s/ Charles A. Stampelos

CHARLES A. STAMPELOS

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and recommendations within 14 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 14 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.

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